[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Proposed Rules]
[Pages 56056-56058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8223]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25892; Directorate Identifier 2006-NM-120-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR 
Airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain EMBRAER airplanes as described previously. This proposed AD 
would require inspecting to determine the part number of the left- and 
right-hand windshield temperature controllers. For airplanes equipped 
with certain windshield temperature controllers, this proposed AD would 
also require replacing the attaching hardware of the power cable 
terminals of the windshield temperature controllers with new, improved 
attaching hardware; inspecting the power cable terminals for signs of 
melting or damage to the terminals, cable insulation, or plastic 
crimping ring; and performing corrective actions if necessary. This 
proposed AD results from reports of smoke on the flight deck caused by 
damage from poor electrical contact due to loosening of the attaching 
hardware of the power cables of certain windshield temperature 
controllers. We are proposing this AD to prevent overheating of the 
power cable terminals of the windshield temperature controllers, which 
could result in smoke and fire on the flight deck.

DATES: We must receive comments on this proposed AD by October 26, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.

[[Page 56057]]

    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
25892; Directorate Identifier 2006-NM-120-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil]ao Civil (ANAC), which is 
the airworthiness authority for Brazil, notified us that an unsafe 
condition may exist on certain EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR, -145LR, 
-145XR, -145MP, and -145EP airplanes. The ANAC has received reports of 
smoke on the flight deck caused by damage from poor electrical contact 
due to loosening of the attaching hardware of the power cable terminals 
of certain windshield temperature controllers. This condition, if not 
corrected, could lead to overheating of the power cable terminals of 
the windshield temperature controllers, which could result in smoke and 
fire on the flight deck.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-30-0043, Revision 02, dated 
May 25, 2006; and Service Bulletin 145LEG-30-0013, dated June 28, 2005. 
The service information describes procedures for replacing the 
attaching hardware of the power cable terminals of certain windshield 
temperature controllers, part number (P/N) 3801D2( ), with new, 
improved attaching hardware; inspecting the power cable terminals for 
signs of melting or damage to the terminals, cable insulation, or 
plastic crimping ring; and performing corrective actions if necessary. 
Corrective actions include replacing any melted or damaged crimping 
ring, cable terminal, or cable. Accomplishing the actions specified in 
the service information is intended to adequately address the unsafe 
condition.
    The ANAC mandated the service information and issued Brazilian 
airworthiness directive 2006-05-01, effective May 23, 2006, to ensure 
the continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the ANAC has kept the FAA informed 
of the situation described above. We have examined the ANAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States. Therefore, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously.

Clarification of Inspection Terminology

    The service bulletins specify to inspect for evidence of damage or 
melting. However, to eliminate any confusion about the proper type of 
inspection, we would require a ``detailed inspection,'' which is 
consistent with the type of inspection specified in Brazilian 
airworthiness directive 2006-05-01.

Clarification of Part Number (P/N) References

    The service bulletins specify that certain windshield temperature 
controllers, having P/N 3801D2( ), are affected. The parentheses 
indicate that the P/N might or might not contain a suffix letter. 
Although the service bulletins identified in the following table make 
it clear that the INU part numbers, as identified in Table 1 of the AD, 
are the primary identifiers of all affected INUs, we have determined 
that these various suffix references could cause confusion. Therefore, 
to address all references to suffix letters in the service bulletins, 
we have revised the AD to read ``-850( )/-851( )'' where applicable.

Costs of Compliance

    This proposed AD would affect about 689 airplanes of U.S. registry. 
The proposed actions would take about 1 work hour per airplane, at an 
average labor rate of $80 per work hour. Required parts would be 
supplied from operator stock. Based on these figures, the estimated 
cost of the proposed AD for U.S. operators is $55,120, or $80 per 
airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for

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safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): FAA-2006-25892; 
Directorate Identifier 2006-NM-120-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
26, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated in 
any category.

Unsafe Condition

    (d) This AD results from reports of smoke on the flight deck 
caused by damage from poor electrical contact due to loosening of 
the attaching hardware of the power cables of certain windshield 
temperature controllers. We are issuing this AD to prevent 
overheating of the power cable terminals of the windshield 
temperature controllers, which could result in smoke and fire on the 
flight deck.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspecting for Part Number (P/N) of Controller

    (f) Within 5,000 flight hours after the effective date of this 
AD, inspect to determine the P/N of the left- and right-hand 
windshield temperature controllers. If any windshield temperature 
controller is found to have a P/N other than Goodrich P/N 3801D2( ), 
no further action is required by this AD for that controller.

Replacement of Attaching Hardware, Further Inspection, and Corrective 
Actions

    (g) Before further flight after performing the inspection 
required by paragraph (f) of this AD, for all windshield temperature 
controllers having Goodrich P/N 3801D2( ) or any controller for 
which the P/N cannot be conclusively determined: Replace the 
attaching hardware of the power cable terminals of the controllers 
with new, improved attaching hardware having new P/Ns. Concurrently, 
perform a detailed inspection for signs of melting or damage of the 
plastic crimping ring, cable insulation, or terminals of the power 
cables, and, before further flight, perform applicable corrective 
actions. Perform all the actions in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-30-0043, 
Revision 02, dated May 25, 2006, or EMBRAER Service Bulletin 145LEG-
30-0013, dated June 28, 2005; as applicable.

Credit for Actions Accomplished Using Previous Issue of Service 
Bulletin

    (h) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-30-0043, dated June 28, 
2005; or Revision 01, dated April 7, 2006; are considered acceptable 
for compliance with corresponding actions required by this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 FR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) Brazilian airworthiness directive 2006-05-01, effective May 
23, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 14, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-8223 Filed 9-25-06; 8:45 am]
BILLING CODE 4910-13-P